A Sacramento judge approved a $5.75 million settlement last week in the case of young Cannon Hoops, who suffers from cerebral palsy due to a birth injury.  The medical malpractice settlement is the largest amount ever agreed to by the University of California Davis Medical Center.

Cannon Hoops was born on December 1st, 2004 but the joy of the event was clouded by the tragedy of the birth injury he suffered that resulted in cerebral palsy.  According to the family’s medical attorney, the baby showed distress prior to birth which should have indicated a Caesarean section was needed.

The lawsuit alleged that all of the warning signs of fetal distress were ignored by the medical staff and they proceeded with a vaginal birth.  Baby Cannon came out blue and not breathing.  The lack of oxygen he suffered left him with “severe and permanent neurological injuries”.

The boy, now nearly 5 years old, is bound to a wheelchair and will require round the clock care for the rest of his life.

The settlement amount awards Cannon $1.75 million up front and an additional $4 million for payments of future medical expenses and as compensation for lost earnings over the remainder of his life.  In addition, his parents were awarded $250,000 in an agreement to waive any future wrongful death claims should Cannon not survive.

Birth injuries can be the most devastating of all forms of medical malpractice because they can happen in an instant and can permanently affect the lives of the child and his or her family.  It’s important to know that although a birth injury can’t be reversed, justice can be sought to recover some of the damages incurred.  A medical attorney experienced in birth related malpractice cases can assist you if you have any questions.

The parents of a disabled boy living in Nova Scotia recently settled an ongoing lawsuit with the hospital in which their son was born. The plaintiffs received $4.5 million in the settlement over a medical malpractice lawsuit.

Lawsuit Details

The parents of Jacob Sauliner, now 12, claimed in the cerebral palsy malpractice lawsuit that the Valley Regional Hospital is to blame for the current disability that will now affect him the rest of his life.

The battle began nearly nine years ago when the Sauliners filed the suit against their former doctor at the hospital. At the time, the doctor also reportedly served on the Western Regional Health Board. According to reports, in the end both sides chose to avoid an expensive trial and opted for a mediator to be used in the case instead. The settlement was finalized and approved by a justice of the Nova Scotia Supreme Court and is the largest settlement of its kind for a cerebral palsy case in the area.
Reports claim that both legal sides of the case were extremely dedicated to doing what was right for Jacob, as he was clearly the victim in the case. More than half of the $4.5 million will go to medical care for Jacob. There will also be periodic payments made to Jacob throughout his life. Each of Jacob’s parents will also receive $125,000 in the cerebral palsy settlement as well as a special van that will cater to Jacob’s needs.

What is Cerebral Palsy?

Cerebral palsy is a disability that most often affect children from complications during childbirth and during fetal development. Cerebral palsy affects the how the brain functions and develops. The disability also impacts muscle coordination and the overall movement of the body.

There are several therapies that have developed to help those living with cerebral palsy live more comfortably and help further their developmental abilities. However, a cure has yet to be found and hundreds of thousands of children are born with cerebral palsy in the U.S. each year.

With the help of a medical attorney, the parents of a young girl who suffered brain injury during her birth were recently awarded $4.4 million in damages. The young girl, Sierra Wilson, died last year at only 4 years of age due to complications of cerebral palsy.

“I’ve never been in this for the money. I’ve always wanted justice and vindication for my daughter. What she went through, she didn’t deserve,” said Brice Wilson, Sierra’s father.

Sierra was born on November 18, 2003 at Piedmont Medical Center in Rock Hill, South Carolina. During her delivery, she suffered oxygen deprivation which caused severe brain injury and cerebral palsy. While she was alive, she battled seizures and relied on a feeding tube for nourishment.

The lawsuit filed by Sierra’s parents argued that the nurse trainee assigned to monitor the mother, Robin Wilson, failed to recognize that the baby was in dire distress and required emergency intervention. The hospital was found liable for the Wilsons’ damages.

The family of 7-year-old Roberto Morales, Jr. reached a cerebral palsy settlement for $6.5 million this week. Diagnosed with cerebral palsy after his birth in 2001, Morales now suffers from limited mobility and requires continued health care. The settlement will help with his ongoing health care costs.

Inadequate Oxygen to the Brain
Roberto was delivered at Provena Mercy Medical Center. Attorneys working on his behalf argued that the obstetrician and delivery nurse failed to respond to fetal distress and Roberto suffered a lack of oxygen as a result.

He was born with hypoxic ischemic encephalopathy, a type of brain damage that is caused by inadequate oxygen and may cause death, developmental delays, mental retardation and cerebral palsy.

A Vulnerable Time
Labor and delivery is an especially vulnerable time for infants, and the slightest mistake can have devastating consequences. When a child is diagnosed with a brain injury such as cerebral palsy after a traumatic delivery, it may be a good idea for the parents to do some further investigation.

On Friday, an Idaho jury awarded $3.25 million to a 4-year-old boy who suffered brain injury during birth and now lives with cerebral palsy. His mother, a former inmate at Pocatello Women’s Correctional Center, was also awarded damages in the amount of $375,000.

Complaints Ignored
Jamie Lysager was about seven months pregnant when she began to complain of severe abdominal pain. Lysager was checked by a nurse at the prison infirmary, where she remained for the next 11 hours despite her complaints.

It turned out that Lysager was in preterm labor. At the urging of prison guards, the nurse finally checked on her again. This time the nurse had Lysager sent to the hospital, but in a prison van rather than an ambulance.

Birth on Cold Concrete
In a wheelchair on her way to the van, Lysager gave birth to son Taylor. He was born onto a cold concrete ramp. Prison guards took the mother and infant back inside where they remained until an ambulance came. During this time, Taylor was not getting sufficient oxygen to his brain

At about two years of age, Taylor was diagnosed with Periventricular Leukomalacia (PVL), a permanent type of brain injury common in premature babies. It is caused by oxygen deprivation and/or poor blood circulation and is often a precursor to cerebral palsy.

Medical Negligence
Lysager filed her lawsuit against Prison Health Services, the group that previously administered medical services for the state’s Department of Corrections, and two of its employees. The lawsuit claimed medical negligence, among other things.

Medical negligence often has dire consequences that aren’t always immediately apparent. However, as soon as medical negligence is suspected, it’s wise to seek the advice of an attorney who can determine what, if any, legal action can be taken.